Governments Introduce New Anti-Cartel Measures: Exploring Industry Strategies for Identifying and Combating Illegal Influence
In a recent discussion, panelists from law firm WilmerHale and intelligence firm Kharon came together to explore the value of intelligence and technology in detecting risk, particularly in the context of cartels. The focus of the discussion was the new enforcement framework, which is expected to guide industry controls.
The new framework presents a significant shift, as companies associated with cartels may now face reputational risk and potential civil litigation in US courts. This is due to the Administration's approach, which increases potential areas of liability for companies under the Anti-Terrorism Act. Notably, victims of cartels now have private rights of action against any company or individual that allegedly aids or abets the cartels.
However, the discussion did not delve into the specific penalties for companies found liable under the Anti-Terrorism Act, nor did it detail the specific technologies or intelligence methods to be used in the new enforcement framework. It is important to note that no specific companies or individuals were mentioned as being under investigation or facing litigation in the context of the discussion.
Unawareness of illicit activity or cartel members does not exempt companies from the risk of investigations. This underscores the importance of vigilance and the role of intelligence and technology in identifying and mitigating such risks.
The panelists for this discussion included Ben Borrus from WilmerHale and Waqar Hasan from Kharon. Their insights provided a comprehensive overview of the issues at hand, offering valuable perspectives for businesses looking to navigate the changing landscape of cartel investigations.
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